Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88460381 ACL (Stylized and/or with Design, see http://uspto.report/TM/88460381/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: ACL (Stylized and/or with Design, see http://uspto.report/TM/88460381/mark.png)
Proposed: ACL (Stylized and/or with Design, see mark)
The color(s) red, white, and gray is/are claimed as a feature of the mark.
The mark consists of white stylized letters "ACL" with gray lines all within a red parallelogram that features a thin white outline. The remaining white represents background and does not form part of the mark.

EVIDENCE
Evidence in the nature of The attached is the response of Applicant, through Counsel, to the Office Action sent via email on August 28, 2019 as it relates to likelihood of confusion refusal to Class 41. Applicant has responded to the other issues raised in the Office Action through the Response to Office Action form. has been attached.
Original PDF file:
evi_1727222697-20200228153444272478_._ROA_ACLBlock_88460381_.pdf
Converted PDF file(s) ( 24 pages)
Evidence-1
Evidence-2
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Evidence-8
Evidence-9
Evidence-10
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Evidence-12
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Evidence-24

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 028 for Toys and sporting goods, namely, cornhole bags, and cornhole boards
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/00/2015 and first used in commerce at least as early as 09/00/2015 , and is now in use in such commerce.

Proposed: Class 028 for Toys and sporting goods, namely, cornhole bags, and cornhole boards
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/00/2015 and first used in commerce at least as early as 09/00/2015 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 028. The specimen(s) submitted consists of The attached specimens represent how the trademark is being used in commerce in connection with Class 28.
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU0-1727222697-20200228153444272478_._ACLShopSpecimen.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
Original PDF file:
SPU0-1727222697-20200228153444272478_._ACLToysSpecimen.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
Original PDF file:
SPU0-1727222697-20200228153444272478_._ACLShopPageSpecimen.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

Applicant proposes to amend the following:
Current: Class 041 for Entertainment services in the nature of organizing, conducting, arranging, and operating sports events, namely, cornhole games and exhibitions; Entertainment services in the nature of professional cornhole games and exhibitions rendered and through broadcast media, including television and radio, and via a global computer network or a commercial on-line service; Entertainment services in the nature or organizing, conducting, arranging, and operating sporting activities, namely, cornhole skills competitions and showcases; Entertainment services in the nature of live shows featuring cornhole games, exhibitions, competitions, and showcases; Informational services, namely, providing information in the field of cornhole; Entertainment services in the nature of development, creation, production, and post-production of multimedia entertainment
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/00/2015 and first used in commerce at least as early as 09/00/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Entertainment services in the nature of organizing, conducting, arranging, and operating sports events, namely, cornhole games and exhibitions; Entertainment services in the nature of professional cornhole games and exhibitions rendered and through broadcast media, including television and radio, and via a global computer network or a commercial on-line service; Entertainment services in the nature of professional cornhole games and exhibitions broadcast via television, radio, and via a global computer network commercial on-line service; Entertainment services in the nature or organizing, conducting, arranging, and operating sporting activities, namely, cornhole skills competitions and showcases; Entertainment services in the nature of organizing, conducting, arranging, and operating sporting activities, namely, cornhole skills competitions and cornhole tournaments; Entertainment services in the nature of live shows featuring cornhole games, exhibitions, competitions, and showcases; Entertainment services in the nature of live cornhole games, exhibitions, competitions, and showcases; Informational services, namely, providing information in the field of cornhole; Entertainment services in the nature of development, creation, production, and post-production of multimedia entertainment content featuring cornhole games, exhibitions, competitions, showcases, and tournaments; Entertainment services in the nature of development, creation, production, and post-production of multimedia entertainmentClass 041 for Entertainment services in the nature of organizing, conducting, arranging, and operating sports events, namely, cornhole games and exhibitions; Entertainment services in the nature of professional cornhole games and exhibitions broadcast via television, radio, and via a global computer network commercial on-line service; Entertainment services in the nature of organizing, conducting, arranging, and operating sporting activities, namely, cornhole skills competitions and cornhole tournaments; Entertainment services in the nature of live cornhole games, exhibitions, competitions, and showcases; Entertainment services in the nature of development, creation, production, and post-production of multimedia entertainment content featuring cornhole games, exhibitions, competitions, showcases, and tournaments
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/00/2015 and first used in commerce at least as early as 09/00/2015 , and is now in use in such commerce.
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: The ACL LLC, a limited liability company legally organized under the laws of North Carolina, having an address of
      2815 Wickersham Road
      Charlotte, North Carolina 28211
      United States

Proposed: The ACL LLC, a limited liability company legally organized under the laws of North Carolina, having an address of
      4500 Nations Crossing Road
      Charlotte, North Carolina 28217
      United States
      Email Address: stacey@iplaycornhole.com

The owner's/holder's current attorney information: Lance White, Esq. Lance White, Esq of APOLLO SPORTS & ENTERTAINMENT LAW GROUP, is located at

      1300 BAXTER STREET SUITE 100B
      CHARLOTTE, North Carolina 28204
      United States
      The email address is Lance@apollogrouplaw.com

The owner's/holder's proposed attorney information: Lance White, Esq. Other appointed attorneys are Lauri@apollogrouplaw.com. Lance White, Esq of APOLLO SPORTS & ENTERTAINMENT LAW GROUP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1300 BAXTER STREET SUITE 100B
      CHARLOTTE, North Carolina 28204
      United States
      The email address is Lance@apollogrouplaw.com

Lance White, Esq submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      LANCE WHITE, ESQ
      PRIMARY EMAIL FOR CORRESPONDENCE: Lance@apollogrouplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Lauri@apollogrouplaw.com
Correspondence Information (proposed):
      Lance White, Esq
      PRIMARY EMAIL FOR CORRESPONDENCE: Lance@apollogrouplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Lauri@apollogrouplaw.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Stacey Moore/      Date: 02/28/2020
Signatory's Name: Stacey Moore
Signatory's Position: President
Signatory's Phone Number: 7043347741


Response Signature
Signature: /Lance White/     Date: 02/28/2020
Signatory's Name: Lance White
Signatory's Position: Attorney of record, North Carolina bar member

Signatory's Phone Number: 7043347741

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    LANCE WHITE, ESQ
   APOLLO SPORTS & ENTERTAINMENT LAW GROUP
   
   1300 BAXTER STREET SUITE 100B
   CHARLOTTE, North Carolina 28204
Mailing Address:    Lance White, Esq
   APOLLO SPORTS & ENTERTAINMENT LAW GROUP
   1300 BAXTER STREET SUITE 100B
   CHARLOTTE, North Carolina 28204
        
Serial Number: 88460381
Internet Transmission Date: Fri Feb 28 20:19:25 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2020022820192599
8268-88460381-71096bdcedc98d16267bcb31ab
bc1f279c54de815a9fc7fae53e14182cdf7b3dfa
-N/A-N/A-20200228201505296517